Sumler guilty in murder and robbery of New Haven store clerk

Updated 5:45 pm, Monday, November 13, 2017

New Haven police investigated the armed robbery and shooting at Citgo gas station and convenience store on Forbes Avenue that left one man dead in 2015.

New Haven police investigated the armed robbery and shooting at Citgo gas station and convenience store on Forbes Avenue that left one man dead in 2015.

Photo: File Photo

Sumler guilty in murder and robbery of New Haven store clerk

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NEW HAVEN — A Superior Court jury has ruled Jamal Sumler is guilty of the murder and robbery of store clerk Sanjay Patel in a business on Forbes Avenue two years ago.

The 12 jurors took only about three hours to find Sumler, 26, of Howard Avenue, guilty of felony murder, murder, conspiracy to commit first-degree robbery and carrying a pistol without a permit. Prosecutors charged him with felony murder as well as murder because Patel’s death occurred in conjunction with the robbery and conspiracy.

In addition, Superior Court Judge Elpedio N. Vitale found Sumler guilty of a fifth count, criminal possession of a pistol or revolver.

Vitale scheduled the sentencing for Jan. 23. Sumler faces a prison sentence of up to 95 years.

Patel, 39, was behind the counter of Pay Rite Food/Citgo Station on the night of April 6, 2015 when Sumler and another man, both with masks covering their faces, pointed guns at him. One of the perpetrators jumped over the counter and got into a scuffle with Patel, who tried to defend himself with a wooden stool.

A store surveillance videotape showed both men firing at Patel. He was struck multiple times. A state medical examiner determined the cause of death was gunshot wounds to the chest.

Police and prosecutors allege the other shooter was Dwayne Sayles, 24. of New Haven. He is awaiting trial on charges of felony murder, murder, first-degree robbery, conspiracy to commit first-degree robbery and criminal possession of a pistol or revolver.

A third co-defendant, Leighton Vanderberg, testified during Sumler’s trial that he drove Sumler and Sayles to a side street near the store. Vanderberg said that after the three of them smoked marijuana together in the parked car, Sumler and Sayles walked toward Forbes Avenue.

According to Vanderberg’s testimony, Sayles returned about 10 minutes later, acting nervously, clutching a box of Dutch Masters cigars and telling Vanderberg to quickly drive out of there. Sumler came back to the car shortly afterward, Vanderberg stated.

Vanderberg testified as part of a cooperation plea agreement with the state. He had his charges reduced from felony murder and robbery conspiracy to aiding and abetting first-degree robbery. He is awaiting sentencing.

Vanderberg, who is 25, is already serving a 40-year sentence for felony murder in the shooting death of another store clerk, that one in Bridgeport.

Patel’s widow was in the courtroom for the closing arguments of the trial. Sumler’s mother and others supporting Sumler attended most or all of the trial.

Senior Assistant State’s Attorney Seth Garbarsky, who prosecuted the case with Assistant State’s Attorney Lisa D’Angelo, said after the trial: “Attorney D’Angelo and I thank the jury for their careful consideration of all the evidence.”

Attorney Wade Luckett, who handled Sumler’s defense with attorney Walter Bansley IV, said, “Mr. Sumler is obviously disappointed. He is looking forward to the appeal. He wants to appeal this.”